All persons who wish to enter the State must present on arrival to an immigration officer, acting on behalf of the Minister, and seek permission to do so. Nationals of certain non-EEA countries must, prior to arriving at the border, apply for and be granted a visa. Where this is granted, it gives permission to the person to present at the border to seek permission. We can provide advice and assist in the making of all visa applications, including short stay permissions and those made on the basis of being a family member of an EU citizen who is exercising EU Treaty Rights in the State.
Those seeking longer term permission can apply for a long stay visa. This type of permission is often sought on the basis of a family relationship with an Irish citizen or a non-EEA national with a certain type of permission to reside in the State, including persons granted International Protection (refugee status or subsidiary protection) but whose family members are not eligible for consideration for family reunification under the International Protection Act 2015.
Visa applications that are based on these types of relationships are decided pursuant to Ministerial policy. However, depending on the status of the individuals, certain rights may arise under the Constitution of the European Convention on Human Rights (ECHR). Where refusal of a visa will result in a breach of these rights then the visa must be granted. We provide expert legal advice in relation to rights under the Constitution and ECHR and can assist in the making of detailed submissions in relation to these, as part of a visa application.
Where an initial visa application is refused, there is ordinarily a right of appeal. We provide legal assistance in relation to the making of an appeal, including the drafting of detailed legal submissions where rights arise and may be breached in the event of refusal of the visa.